If my children and I lived with my late grandmother for 15 years, can my uncle make us move out?

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If my children and I lived with my late grandmother for 15 years, can my uncle make us move out?

She didn’t have a Will. I am continuing to pay the bills and mortgage. Can he make us leave at any time? And can he come and take our stuff when he wants?

Asked on November 20, 2014 under Estate Planning, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

 

I am so sorry for your loss.  I do not know if you are saying your Grandmother left you the house in an oral will, which is valid in Tennessee under certain circumstances.  You should speak with a lawyer about that.  But absent the special circumstances and a valid Written Will, your Grandmother's estate will go via intestacy statute.  How you fall in that statute is unclear.  Children would inherit.  If you are the child of a child (possible deceased?) you may inherit as well.  But with out that link under the statute you may have no rights.  Living there and paying the mortgage does not automatically give them to you. It may give you a right of reimbursement under certain circumstances but it may be considered "rent" under other circumstances.  If you were her caregiver that may also be considered. All the facts have to be laid out in front of some one who can tell you.  Good luck. 

 


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